PURE HEALTHY LIVING ESSAY CONTEST OFFICIAL RULES
Effective: September 1, 2018
NO PURCHASE NECESSARY TO ENTER OR WIN THE CONTEST. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN WHERE PROHIBITED BY LAW. ENTRY INTO THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
1. HOW TO ENTER
The Pure Healthy Living Essay Contest (“Contest”) begins 12:00 a.m. ET on September 1, 2018 and ends 11:59 ET p.m. on December 31, 2018. All entries must be completed and received by 11:59 ET p.m. on December 31, 2018. Sponsor’s computer will be the official clock for the Contest.
IMPORTANT NOTICE TO CONTESTANTS: PURE HEALTHY LIVING IS THE SOLE SPONSOR (“SPONSOR”) OF THE CONTEST. EACH CONTESTANT IS RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN HIS/HER RESPECTIVE JURISDICTION.
The Contest is designed to encourage contestants to submit an original, unique and creative essay on one of the following three topics (“Essay”):
1) How can your career can make an impact on community health? (e.g. mental illness, childhood trauma, dietitian, etc.)
2) Discuss a healthy personal hobby or interest you are passionate about.
3) How do you balance school life and responsibilities while still staying mentally healthy?
The Essay must be at least 1500 words.
To enter during the entry period, you may use the submission form available at https://purehealthyliving.com/scholarship.
No other method(s) of entry will be accepted. Incomplete entries are void.
Unless otherwise set forth herein, all contestants’ Essays become the sole and exclusive property of Sponsor and will not be returned.
Contestants may enter as many entries as they would like. However, only one is eligible to be selected in the group of winners.
By submitting one or more Essays, each contestant warrants and represents that he/she owns all right, title and interest in and to each Essay entry; is the sole and exclusive author of each Essay entry; possesses the sole and exclusive right to grant or transfer all of his/her rights therein to Sponsor; and that the each Essay entry: (i) is original to contestant, has not been previously publicly displayed or disseminated, and is not a copy, reproduction or derivative work of a third-party; (ii) does not infringe anyone’s copyrights, or other moral, privacy or intellectual property rights; (iii) is free and clear of any third-party claims of copyright, ownership, authorship or any other intellectual property right; and (iv) does not include indecent, obscene, violent, vulgar, pornographic or profane material, or material that otherwise violates these Official Rules.
Each contestant acknowledges and agrees that, once submitted and assigned, the contestant has no further rights to the Essay and Sponsor shall have the perpetual, royalty-free, worldwide, and irrevocable right to use, copy, reproduce, disclose, display, publish, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the Essay entry, in whole or in part, whether in connection with the Contest or not, in any form, media or technology now known or hereafter developed, including, but not limited to, broadcast and cable television, radio, mobile transmission, and the Internet, for any purpose whatsoever, including, but not limited to, advertising, promotion, entertainment and commercial purposes, without any payment to, or further authorization by, the contestant.
The Contest is open only to legal residents of the United States (excluding Arizona, Puerto Rico, the U.S. Virgin Islands and other commonwealths) who submit an original Essay that they have personally created.
At the time of entry, each contestant must be at least eighteen (18) years of age, and must be an undergraduate or graduate student that is currently enrolled in a U.S.-based college or university. Entries that contain plagiarized text from other articles or that are off-topic will not be accepted. Unless otherwise set forth herein, all contestants’ Essays become the sole and exclusive property of Sponsor and will not be returned.
The Contest is governed by the laws of the United States and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
Employees and their immediate family (spouses and parents, siblings, children and each of their spouses) of Sponsor, any of its Contest administrators, and each of their affiliates, subsidiaries, franchises advertising agencies, and any other company involved with the design, production, execution or distribution of the Contest are not eligible.
There will be a total of two (2) Contest winners selected. The winners will be selected based upon the quality of their essays. The first place award is $1,000. The second place award is $250. Sponsor is not responsible for lost or stolen prize certificates or redemption letters and the prize is not redeemable without the original prize certificates or redemption letters.
Any tax liabilities are solely the responsibility of the winners and the winners will be required to provide their social security numbers or tax payer identification number to Sponsor for tax purposes. WINNER IS RESPONSIBLE FOR ANY AND ALL FEDERAL, STATE, OR LOCAL TAXES, AS WELL AS ANY OTHER COSTS AND EXPENSES NOT SPECIFIED HEREIN AS BEING AWARDED.
Prizes will not be delivered to ineligible addresses. Contestants cannot win more than one prize. No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute a prize of comparable value if any of the prizes are unavailable, in whole or in part, for any reason.
The total approximate value of all prizes is $1,250.00.
After reading all Essays, Sponsor will grant prizes to two contestants. Essay submissions will be evaluated by three (3) individuals designated by Sponsor, in their sole discretion, on the quality of writing (grammar and spelling) (25%), creativity (35%), and clarity of message and persuasiveness (40%). The prizes will be mailed directly to the Financial Aid and Scholarships Office within a week of announcing the winners. The first name and first letter of surname will be displayed on https://purehealthyliving.com/scholarship . In the event of a tie during judging, the tie will be broken by the highest clarity of message and persuasiveness score. If the clarity of message and persuasiveness scores are tied, the judges will reconsider the clarity of message and persuasiveness scores until the tie is broken. Judging will take place on or about January 1, 2019 through January 31, 2019. Decisions of judges are final and binding. The winners will be notified via email. In the event that a winner fails to respond after three (3) weekly attempts, Sponsor reserves the right to select another winner.
5. CONDITIONS OF PARTICIPATION
Contestants must be at least eighteen (18) years of age, must be a legal residents of the United States (excluding Arizona, Puerto Rico, the U.S. Virgin Islands and other commonwealths), and must be an
Undergraduate or graduate student that is currently enrolled in a U.S.-based college or university.
The prizes are awarded without warranty of any kind from Sponsor, express or implied, without limitation, except where this would be contrary to federal, state or local law or regulation. All federal, state and local laws and regulations apply.
Submission of an Essay entry into this Contest deems that the contestant agrees to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Contest.
Return of any prize/prize notification may result in disqualification and selection of alternate winners.
Prize winner(s) will be required to sign and return a Declaration of Eligibility/Liability & Publicity Release (the “Release”) (unless prohibited by law); within thirty (30) days following the date of first attempted notification. Failure to comply within this time period may result in disqualification and selection of an alternate winner.
To the extent permitted by law, contestants agree to hold Sponsor, Facebook, Twitter and any other platform upon which the Contest is advertised or promoted, their parents, subsidiaries, agents, directors, officers, employees, representatives and assigns harmless from any injury or damage caused or claimed to be caused by participation in the Contest and/or use or acceptance of any prize won, except to the extent that any death or personal injury is caused by the negligence of the Sponsor.
Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prizes. A contestant may be prohibited from participating in this Contest if, in the Sponsor's sole discretion, it reasonably believes that a contestant has attempted to undermine the legitimate operation of this Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other contestants, the Sponsor or associated agencies. In the event a winner/potential winner’s employer has a policy which prohibits the awarding of a prize to an employee, the prize(s) will be forfeited and alternate winners will be selected.
6. PRIZE RELEASE
The winners hereby: (i) consent to the use by Sponsor of his/her Essay, first name and first letter of surname, likenesses, images, portraits, recorded voices and biographical material to advertise, promote or publicize Sponsor in any medium without limitation, restriction, compensation, notice, review or approval (to the extent permitted by law); and (ii) grant Sponsor a royalty-free, exclusive license to use, transfer, assign, license and/or-sub-license all such rights, including rights in and to the winners’ respective Essays, in its sole discretion, to advertise, promote or publicize Sponsor and the Contest, The verified winners will be required to sign and return to Sponsor, within thirty (30) days following the date of first attempted notification: (a) the Release (unless prohibited by law); and (b) a royalty free, exclusive license to Sponsor to use the winners’ Essays to advertise, promote or publicize Sponsor and the Contest (the “License”). Failure to timely complete and submit the Release may result in disqualification and the selection of alternate winners. Contestants acknowledge that Sponsor has no obligation to use any Essays and may, in its sole discretion, elect to use all or some, in whole or in part, the Essays.
Without limiting any other terms of the Official Rules, each contestant consents to have his/her entry made available for public viewing and/or comment and/or rating on the Internet. Each contestant further grants to Sponsor the unrestricted, irrevocable right, but not the obligation, to use the contestant’s first name and first letter of surname, address, photograph, picture, likeness, moving image, voice, biographical material, and personal information, whether in their original form as submitted on the entry, or as altered, edited, lifted or reproduced by Sponsor, in perpetuity throughout the world, whether in connection with the Contest or not, in any and all media for any and all purposes, without any payment to, or further authorization by, the contestant. By entering this Contest, each contestant further agrees that (i) excepting contestant’s enjoyment of the Essay entry in the privacy of contestant’s home or for personal portfolio purposes, contestant may not use or permit others to use a Essay entry without obtaining the prior written approval of Sponsor; and (ii) contestant will execute such further documents and instruments and take any further acts as Sponsor may reasonably request in order to effectuate these terms. Sponsor may license and assign to one or more third-parties any and/or all of the rights (in whole and/or in part) granted to Sponsor hereunder.
Sponsor shall be deemed sole interpreter of the rules and conditions governing the contest. By participating, contestants acknowledge and agree to be bound by the Official Rules and that the decisions of the Sponsor are final. Contest is void where prohibited by law. Sponsor reserves the right, in its sole discretion, to cancel, terminate, or suspend the Contest should a virus, bugs, unauthorized human intervention, or other causes beyond its control corrupt or affect the administration, security, fairness, or proper play of the Contest.
8. WINNERS’ LIST
Sponsor reserves the right to display the winning Essays on www.purehealthyliving.com
9. CHOICE OF LAW
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of contestants and Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of laws rules or provisions. ANY SUIT, ACTION OR PROCEEDING RELATING HERETO SHALL BE BROUGHT IN NEW YORK COUNTY, NEW YORK. ENTRANT AGREES TO RESOLVE DISPUTES ONLY BY FINAL AND BINDING ARBITRATION. ANY LEGAL CLAIMS ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES OR THE CONTEST MUST BE RESOLVED INDIVIDUALLY BY FINAL AND BINDING ARBITRATION BY ONE ARBITRATOR BEFORE THE AMERICAN ARBITRATION ASSOCIATION, WITHOUT RESORT TO ANY FORM OF CLASS ACTIONS. Arbitration will apply not only to claims against Sponsor, but also claims against the officers, directors, managers, employees, agents, affiliates, insurers, contractors, successors or assigns of Sponsor. Entrants are not prohibited from seeking relief in a small claims court for disputes or claims within the scope of its jurisdiction. ENTRANTS GIVE UP THEIR RIGHTS TO PARTICIPATE IN A CLASS ACTION. This means that entrants may not be a representative or member of any class of claimants in court or in arbitration with respect to any claim. Notwithstanding any other provision of these Official Rules, the arbitrator shall not have the power to determine that class arbitration is permissible. The arbitrator also shall not have the power to preside over class or collective arbitration, or to award any form of class-wide or collective remedy. Instead, the arbitrator shall have power to award money or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. No class or representative theories of liability or prayers for relief may be maintained in any arbitration held under this agreement. If for some reason the prohibition on class arbitrations set forth herein above cannot be enforced, then the agreement to arbitrate will not apply. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, ENTRANT AND SPONSOR AGREE THAT THERE WILL NOT BE A JURY TRIAL. ENTRANT ACKNOWLEDGES AND AGREES THAT HE/SHE EXPRESSLY ASSENTS TO THE TERMS HEREOF.
10. LIMITATION OF LIABILITY
Unless otherwise set forth herein, in any dispute regarding these Official Rules or the Contest, under no circumstances shall an entrant be entitled to claim punitive, incidental or consequential damages, or any other damages, other than entrant’s actual out-of-pocket expenses (if any) associated with participating in the Contest, and entrant hereby waives all rights to have damages multiplied or increased.
Sponsor, Facebook, Twitter and any other platform upon which the Contest is advertised or promoted, their parents, subsidiaries, agents, directors, officers, employees, representatives and assigns are not responsible for any incorrect or inaccurate information, whether caused by entrants, website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of submissions in the Contest, including but not limited to any misprints or typographical errors in any Contest-related materials, or for any late, lost, damaged, misdirected, improperly formatted or unprocessed Essay submissions. Sponsor, Facebook, Twitter and any other platform upon which the Contest is advertised or promoted, their parents, subsidiaries, agents, directors, officers, employees, representatives and assigns assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Essays. Sponsor, Facebook, Twitter and any other platform upon which the Contest is advertised or promoted, their parents, subsidiaries, agents, directors, officers, employees, representatives and assigns are not responsible for any Essays and/or submissions that become lost or damaged for any reason.
Sponsor, Facebook, Twitter and any other platform upon which the Contest is advertised or promoted, their parents, subsidiaries, agents, directors, officers, employees, representatives and assigns are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from participating or uploading/downloading materials in this Contest. If, for any reason, the Contest is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Sponsor, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest.
Sponsor will not confirm receipt of any Essays and/or submissions, catalog or coordinate multiple entries, provide copies of any Essays and/or submissions or be responsible for archiving any Essays or submissions.
UNLESS OTHERWISE SET FORTH IN THESE OFFICIAL RULES, THE CONTEST AND WEBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
11. DATA PRIVACY
Sponsor will collect information from entrant when they enter the Contest. Any of the information collected may be used in one of the following ways:
· To process transactions. This information, whether public or private, will not be sold, exchanged, transferred, or given to any other third-party or entity for any reason whatsoever, without consent, other than for the express purpose of facilitating the Contest.
· To send periodic emails. The email address provided may be used to send information and updates pertaining to the Contest, in addition to receiving occasional company news, updates, promotions, related product or service information, etc.
· Note: If at any time you would like to unsubscribe from receiving future emails, Sponsor includes detailed unsubscribe instructions at the bottom of each email.
· To administer a contest, promotion, survey or other site feature.
Sponsor implements a variety of security measures to maintain the safety of individual personal information.
These security measures include: password protected directories and databases to safeguard information, SSL (Secure Sockets Layered) technology to ensure that information is fully encrypted and sent across the Internet securely or PCI Scanning to actively protect Sponsor servers from hackers and other vulnerabilities.
Sponsor offers the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into Sponsor’s database to be only accessed by those authorized with special access rights to Sponsor systems, and are required to keep the information confidential.
Sponsor uses “Cookies.” (Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.
Sponsor does not sell, trade, or otherwise transfer to outside parties any personally identifiable information. This does not include trusted third-parties who assist Sponsor in operating its website, conducting business, or servicing consumers, so long as those parties agree to keep this information confidential. Sponsor may also release information when it believes release is appropriate to comply with the law, enforce site policies, or protect its or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Occasionally, at Sponsor discretion, it may include or offer third-party products or services on its website. These third party sites have separate and independent privacy policies. Sponsor therefore has no responsibility or liability for the content and activities of these linked sites. Nonetheless, Sponsor seeks to protect the integrity of its site and welcomes any feedback about these sites.
Because Sponsor values its privacy it has taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. Sponsor therefore will not distribute any personal information to outside parties without entrant consent.
Sponsor is in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), Sponsor does not knowingly collect any information from anyone under 13 years of age. Sponsor’s website, products and services are all directed to people who are at least 13 years old or older.
Sponsor has taken the necessary steps to ensure that it is compliant with the CAN-SPAM Act of 2003 by never sending out misleading information.
12. WARRANTY AND INDEMNITY
In addition to the representations and warranties set forth elsewhere herein, each contestant certifies that his/her Essay is his/her original intellectual property creation and is not a copy, reproduction or derivative work of a third-party. Each contestant further certifies that he/she is the sole and exclusive author of the Essay; that the Essay does not infringe anyone’s ownership, authorship, intellectual property, proprietary, industrial property, personal rights or other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligation; and that he/she has the right to submit the Essay entry in the Contest. Each contestant agrees not to submit any Essay entry that otherwise violates applicable laws, rules or regulations.
To the maximum extent permitted by law, each contestant agrees to indemnify, defend and hold Sponsor, its parents, subsidiaries, agents, directors, officers, employees, representatives and assigns harmless at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from or by reason of: (i) any act, default or omission of the participant and/or a breach of any warranty set forth herein; and (ii) any act, default or omission by a contestant under these Official Rules, including without limitation resulting from or in relation to any breach, non-observance, act or omission whether negligent or otherwise, pursuant to these Official Rules by a contestant.
Any false information provided within the context of the Contest by any contestant concerning, without limitation, identity, address, telephone number, ownership of right or non-compliance with these Official Rules or the like may result in the immediate elimination of the contestant from the Contest. Sponsor further reserves the right to disqualify any contestant that it believes, in its sole and unfettered discretion, has infringed upon or violates the rights of any third-party or otherwise does not comply with these Official Rules.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
With the exception of Sponsor’s website, this Contest is in no way sponsored, endorsed or administered by, or associated with, any college or university, Facebook, Twitter or any other platform upon which the Contest is advertised or promoted. You expressly acknowledge and understand that any personal information and Essay submissions provided in connection with this Contest are provided to Sponsor, not to any college or university, Facebook, Twitter or any other website/platform operator.
By entering the Contest, contestants agree to abide by and accept these Official Rules, which shall be final and binding in all matters relating to this Contest. Contestants waive any right to claim ambiguity in these Official Rules. In no event will more prizes be awarded than are stated in these Official Rules.
If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
These Official Rules may not be reprinted or republished in whole or in part without the prior written consent of Sponsor.
Sponsor: Pure Healthy Living